HomeMy WebLinkAbout2021-06-08 - Resolution No. 2021-15 RESOLUTION NO. 2021-15
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ESTABLISHING NEW SCHEDULES OF SEWER RATES
AND CHARGES EFFECTIVE JULY 1, 2021 AND
RESCINDING RESOLUTION NO. 2019-17
WHEREAS, pursuant to California Water Code Section 31007, the Board of Directors of
the Yorba Linda Water District is required to set sewer rates and charges at
a level which will yield an amount of revenue sufficient to pay for operating
expenses, provide for repairs and depreciation of works, and pay the
principal and interest on any bonded debt.
WHEREAS, Section 5470 et seq. of the California Health and Safety Code authorizes
YLWD to establish rates and charges regarding sanitation and sewerage
system and to collect those rates and charges on the County of Orange
property tax roll.
WHEREAS, the District Board of Directors previously adopted Resolution No. 2019-17,
which established sewer rates and charges effective July 1, 2019.
WHEREAS, at the Board of Directors meeting on April 13, 2021, the Board of Directors
considered, received and filed the 2021 Water and Sewer Rate Study
Report ("2021 Rate Study"), including the schedule of sewer rate increases
described in the Rate Study.
WHEREAS, pursuant to, and in compliance with, Proposition 218 (California Constitution
art. XII I D), the District on April 22, 2021 mailed a notice of its public hearing
to consider a new five-year schedule of sewer rate increases ("Prop 218
Notice") to all YLWD customers of record and parcel owners within the
District's service area.
WHEREAS, on June 8, 2021, and in accordance with article XIII D, Section 6, the Board
of Directors held a public hearing regarding its Prop 218 Notice and
considered timely written and oral protests, if any, to the Prop 218 Notice.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Yorba Linda
Water District does hereby find, determine, and resolve the following:
Section 1. The matters set forth in the foregoing recitals are true and correct.
Section 2. Resolution No. 2019-17 is hereby rescinded effective July 1, 2021.
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Section 3. Timely written protests, if any, against the proposed new schedule of sewer
rates and charges in the Prop 218 Notice were not presented by a majority
of parcels.
Section 4. The Board of Directors reviewed the record for this matter, which includes
the 2021 Rate Study and the analysis of expenses and revenues set forth
therein. Based on that review, the Board of Directors finds and determines
that the record supports the following:
A. Revenues derived from the rates and charges will not exceed the
revenues required to provide the property related service; and
B. Revenues derived from the rates and charges will not be used for
any purpose other than that for which the rates or charges are
imposed; and
C. The amount of a rate or charge imposed upon any parcel or customer
as an incident of property ownership does not exceed the
proportional cost of service attributable to the parcel.
D. No rate or charge will be imposed for a service unless that service is
actually used by, or immediately available to, the owner of the
property in question.
E. No rate or charge will be imposed for general governmental services
including, but not limited to, police, fire, ambulance or library
services, where the service is available to the public at large in
substantially the same manner as it is to property owners.
Section 5. The District sewer rates and customer connection charges for sewer
service are hereby established as follows and will take effect on July
1, 2021:
A. Residential:
1. Residential - individually metered $9.55 per month
2. Residential - master metered $9.19 per month per unit
B. Commercial-Industrial and Public Schools:
1. For all sewer customers in this category who use meter
readings, the rate is as follows:
a. First 700 cubic feet per month of water consumption
per month: $9.55 per month.
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b. All water consumption in excess of 700 cubic feet
per month: $0.37 per 100 cubic feet.
2. Alternatively, for customers who have a sewer meter or
who can demonstrate to the District's satisfaction that
100% of the water meter reading ends up in the District's
sewer system, the rate is as follows:
a. First 700 cubic feet per month of water consumption
per month: $9.55 per month
b. All water consumption in in excess of 700 cubic feet
per month: $0.37 per 100 cubic feet.
PASSED AND ADOPTED this 8th day of June 2021 by the following called vote:
AYES: Directors DesRoches, Hawkins, Lindsey, and Miller
NOES: Director Jones
ABSTAIN: None
ABSENT: None
Phil Hawkins, President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Resolution No.2021-15 Establishing New Schedules of Sewer Rates and Charges Effective July 1,2021 3